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25 U.S.C. § 199aCustody of records; Oklahoma Historical Society

submitted 92 years ago by ch. 93 to r/title-25-INDIANS · 214 words · no verdicts yet

in plain englishAI-generated · not legal advice

Records of Indian tribes kept at the Oklahoma Historical Society still legally belong to the United States. Certified copies made by the Society count as official evidence, just like the originals. The Society must return the records if the National Archives asks.

Some Indian tribal records were placed in the Oklahoma Historical Society's custody by the Secretary of the Interior. This section says legal title to those records still belongs to the United States. The Society holds the records, but only under rules the Archivist of the United States sets. If the Society's secretary or chief clerk (or whoever is acting in that role) certifies a copy of any of those records under the Society's seal, that certified copy counts as evidence just like the original document would. When making these certified copies, the secretary or chief clerk is acting as a federal agent, and the copies carry the same legal force as if the Archivist of the United States had certified them directly. If the federal government needs certified copies for official use, the Society must provide them for free. Finally, if the Archivist of the United States designates a government official to receive any of these records back, the Society must promptly return them to that official upon request.
the actual law source: uscode.house.gov ↗public domain

Title to records of Indian tribes heretofore placed with the Oklahoma Historical Society of the State of Oklahoma by the Secretary of the Interior shall remain vested in the United States and such records shall be held by the said society under rules and regulations prescribed by the Archivist of the United States: Provided, That copies of any such rec­ords, documents, books, or papers held by the said society when certified by the secretary or chief clerk thereof under its seal, or by the officer or person acting as secretary or chief clerk, shall be evidence equally with the original, and in making such certified copies the said secretary or acting secretary and the said chief clerk or acting chief clerk shall be acting as a Federal agent, and such certified copies shall have the same force and effect as if made by the Archivist of the United States as provided in section 2116(b) of title 44: Provided further, That whenever such certified copies are desired for official use by the Federal Government they shall be furnished without cost: Provided further, That any such records held by the said society shall be promptly returned to the Government official designated by the Archivist of the United States upon his request therefor.

Source credit: (Mar. 27, 1934, ch. 93, 48 Stat. 501; Oct. 25, 1951, ch. 562, § 4(5), 65 Stat. 640; Pub. L. 98–497, title I, § 107(i), Oct. 19, 1984, 98 Stat. 2292.)

history & why it existsrecord from the source credit
  • 1934Enacted · Act of Mar. 27, 1934, ch. 93 · 48 Stat. 501
  • 1951Amended · Act of Oct. 25, 1951, ch. 562 · 65 Stat. 640
  • 1984Amended · Pub. L. 98-497 · 98 Stat. 2292

A history note hasn’t been published yet. The record shows enactment by ch. 93 on 1934-03-27.

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